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IMPLEMENTATION OF AUT DEDERE AUT JUDICARE PRINCIPLE IN LAW ENFORCEMENT AGAINST CRIME OF MONEY LAUNDERING IN BUSINESS EMAIL COMPROMISE AS A TRANSNATIONAL CRIME IN INDONESIA
Abstrak (Bhs. Indonesia)
The rampant practice of cybercrimes that have implications for money laundering occurs due to the influence of globalization and technological developments. Money laundering using business email compromise fraud schemes becomes one of the transnational crimes with a large total loss that threatens banking integrity. The different elements of each offense in some cases and the involvement of foreign nationals complicates the law enforcement process. This study aims to determine the regulation and implementation of the aut dedere aut judicare principle in law enforcement against crime of money laundering in business email compromise as a transnational crime in Indonesia. This study uses a normative juridical research approach and descriptive-analytical research specifications. Data were obtained by interview method for primary data and document study (library research) for secondary data and then analyzed qualitatively. The data obtained from the study were presented descriptively and analyzed qualitatively and conclusions were drawn using the deductive method, namely from general conclusions and then specific conclusions were drawn. The results of this study indicate that the regulation of money laundering in business email compromise is contained in two multilateral hard law conventions encompass article 3 section (1) letter b, article 3 section (4), article 3 section (5), article 4, article 6, and article 8 of the United Nation Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988; article 2, article 5, article 6, and article 7 of United Nation Convention Against Transnational Organized Crime of 2000; and regulated in a regional convention in article 1, article 2, article 7, and article 8 of Budapest Convention on Cybercrime of the Council of Europe of 2001. These conventions in international law regulate money laundering and business email compromise separately yet complementary to each other even none have the explicit provision. The application of aut dedere aut judicare principle in Indonesia is already adopted within the ratification act, yet the criminal jurisdiction remains in the hand of the host country where the nation's territorial jurisdiction is exercised. The law enforcement of money laundering in business email compromise still prioritizes the cooperation agreements between investigators in the national and international realm.
Abtrak (Bhs. Inggris)
The rampant practice of cybercrimes that have implications for money laundering occurs due to the influence of globalization and technological developments. Money laundering using business email compromise fraud schemes becomes one of the transnational crimes with a large total loss that threatens banking integrity. The different elements of each offense in some cases and the involvement of foreign nationals complicates the law enforcement process. This study aims to determine the regulation and implementation of the aut dedere aut judicare principle in law enforcement against crime of money laundering in business email compromise as a transnational crime in Indonesia. This study uses a normative juridical research approach and descriptive-analytical research specifications. Data were obtained by interview method for primary data and document study (library research) for secondary data and then analyzed qualitatively. The data obtained from the study were presented descriptively and analyzed qualitatively and conclusions were drawn using the deductive method, namely from general conclusions and then specific conclusions were drawn. The results of this study indicate that the regulation of money laundering in business email compromise is contained in two multilateral hard law conventions encompass article 3 section (1) letter b, article 3 section (4), article 3 section (5), article 4, article 6, and article 8 of the United Nation Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988; article 2, article 5, article 6, and article 7 of United Nation Convention Against Transnational Organized Crime of 2000; and regulated in a regional convention in article 1, article 2, article 7, and article 8 of Budapest Convention on Cybercrime of the Council of Europe of 2001. These conventions in international law regulate money laundering and business email compromise separately yet complementary to each other even none have the explicit provision. The application of aut dedere aut judicare principle in Indonesia is already adopted within the ratification act, yet the criminal jurisdiction remains in the hand of the host country where the nation's territorial jurisdiction is exercised. The law enforcement of money laundering in business email compromise still prioritizes the cooperation agreements between investigators in the national and international realm.
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